Equifax, Before Breach, Lobbied to Limit Class-Action Damages
In the months before revealing a data breach that potentially exposed the personal information of nearly half the adult U.S. population, Equifax Inc. turned to the firm Akin Gump Strauss Hauer & Feld in Washington to help convince U.S. lawmakers to reduce penalties for companies that violated the federal fair credit-reporting law.
September 11, 2017 at 02:25 PM
5 minute read
In the months before revealing a data breach that potentially exposed the personal information of nearly half the adult U.S. population, Equifax Inc. turned to the firm Akin Gump Strauss Hauer & Feld in Washington to help convince U.S. lawmakers to reduce penalties for companies that violated the federal fair credit-reporting law.
Akin Gump, long among the lobbying revenue leaders for Washington firms, has advanced a variety of interests for the Atlanta-based Equifax, now reeling from a cybersecurity breach that exposed upward of 143 million consumers' Social Security numbers, birthdates and other personally identifiable information. Numerous lawsuits were filed alleging violations of the Fair Credit Reporting Act, or FCRA.
In a U.S. Senate disclosure, dated June 30, Akin Gump identified “FCRA liability reform” in a summary of lobbying services for Equifax, which paid the firm about $40,000 in a three-month span this year. Lobbying records show Equifax first hired Akin Gump in March 2015; the firm has lobbied on other issues, including verifying eligibility for health coverage under the Affordable Care Act. Partners Jeff McMillen and Jamie Tucker have done much of the work for Equifax. Neither was reached for comment Monday.
Equifax's lobbying disclosure for the period between April and June said the company had lobbied on a pending U.S. House bill—the “FCRA Liability Harmonization Act”—that would limit class action damages for violations of that law. The company often relies on its own in-house government affairs team.
Proposed by U.S. Rep. Barry Loudermilk, R-Georgia, the bill would reform the Fair Credit Reporting Act to limit consumer remedies in class actions and eliminate punitive damages. Just hours before the Atlanta-based Equifax announced the data breach, the House Financial Services Committee was debating the Georgia Republican's proposal.
Loudermilk said in May, when he announced the bill, that he wanted to curb alleged abuses in the court system and align the Fair Credit Reporting Act with other consumer protection laws that cap damages.
|Cybersecurity Lobbying Spend
Equifax reported $500,000 in lobbying records through the first half of this year not only on Loudermilk's bill but also on issues such as data security, breach notification, “data breach response” and “cybersecurity threat information sharing.”
The company drew criticism for waiting until last week to disclose the breach after learning of it in July. As the Wall Street Journal reported last week, most states have requirements for data-breach notification, but companies and industry groups have pushed for a federal standard.
Law professor Eric Chaffee told CNN last week: “It's pretty remarkable how long Equifax has been aware of the problem and did not disclose it. The main problem here is the failure to disclose a catastrophic cyberattack that compromised the information that is at the heart of Equifax's business model. This created a duty to disclose this attack in a timely fashion to investors, potential investors, and those whose data was compromised.”
|Taking on the CFPB's Arbitration Rule
Equifax has also lobbied on the Consumer Financial Protection Bureau's rule to ban arbitration agreements that prevent consumers from filing class actions. Last week, Equifax came under criticism for tucking an arbitration clause into the terms for the free credit monitoring service it is offering in light of the data breach. The company soon amended the terms of service to let consumers opt out.
Among the other bills on Equifax's lobbying radar: the Financial Choice Act, a bill by House Financial Services Chairman Jeb Hensarling that would strip the CFPB of key enforcement and supervisory powers while also empowering the president to readily fire the agency's director. Hensarling's bill would also shut down public access to the agency's database of consumer complaints.
Equifax reported lobbying last year on proposals to force the CFPB to verify the accuracy of consumer complaints before posting them on the database.
According to disclosure forms, Equifax has paid the firm Arnall Golden Gregory about $240,000 through the first half of this year to lobby on matters including “Consumer Financial Protection Bureau oversight” and immigration issues related to electronic verification of employment eligibility.
The CFPB has regularly named Equifax, along with the credit-reporting rivals TransUnion and Experian, as among the top drivers of consumer complaints.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSEC Fines 4 Companies $7M for Downplaying Breaches Tied to Massive SolarWinds Hack
Confusion Over New SEC Cyber Rules Leading Firms to Overstate Attack Readiness
Judge Stresses Need for Judiciary's Attention to Cybersecurity During Election Season
Greenberg Traurig's Strategy to Recover $4M in Malicious Email Spoofing Attack
4 minute readTrending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 3Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 4Greenberg Traurig Initiates String of Suits Following JPMorgan Chase's 'Infinite Money Glitch'
- 5It's Time Law Firms Were Upfront About Who Their Salaried Partners Are
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250